PDA

View Full Version : advice re where to have our baby



Jim
18th Apr 2009, 06:05
My GF is pregnant (dcue in Oct)and we're not sure what our options are re where to have junior. She is currently in UK on a VV and we were about to apply for a fiance visa. Would we be able to have the baby in the UK via the NHS or would we have to go prvate ?

chocolate-eater
18th Apr 2009, 08:36
I know your not asking the question but I am sure to get a fiance visa, you would need to return to Thailand to apply.

bristolgeoff
18th Apr 2009, 08:57
my friend had a baby with his thai wife here.after the baby was born they went to the thai embassy in london.now the child has both papers for either passport when the time comes.all very easy,except if a boy he still will have to do the army when he is 21 in thailand.your choice now is where you decide to have the baby

Jim
18th Apr 2009, 22:30
I have done a lot of reading up on it, and I am pretty sure we can apply for a change from VV to Fiance visa whilst still in UK - we just have to apply for a Certificate of Approval (to the marriage) before applying for the fiance visa. Anyway, as you say, that is not my question. I simply want to know whether we are entitled to use the NHS for pre and post natal care if she only has a fiance visa.

Tobias
19th Apr 2009, 03:07
Originally posted by Jim:
I have done a lot of reading up on it, and I am pretty sure we can apply for a change from VV to Fiance visa whilst still in UK - we just have to apply for a Certificate of Approval (to the marriage) before applying for the fiance visa. Anyway, as you say, that is not my question...

That should be your question. Your girlfriend will have to return to Thailand to apply for a fiancee visa - she will not be allowed to apply from within the UK - whether or not she obtains a CoA.

As for NHS treatment, once she returns to the UK on her settlement visa then she will be entitled to free NHS treatment ... but not until then.

Should she receive free NHS treatment before then she will be breaking the terms of her existing visa and this may get in the way of any future visa she may apply for.

Jim
19th Apr 2009, 06:17
Sorry but I have to disagree with you Tobias - I have read the pages of the B&I Service thoroughly and according to their notes we can definteky apply for a new type of visa whilst still in the UK - as per my mail (as longe as we obtain a CoA). The only question remains my original one - which no-one seesm able to reply on.

Tobias
19th Apr 2009, 06:34
I can only offer my opinion Jim, you don't have to accept it. I don't know what the 'B&I Service' is but if they say you can switch visas then they are wrong.

As for the NHS, I've answered that too, again you don't have to accept it. Your girlfriend cannot have any free treatment on the NHS on a visitor visa - with or without a CoA.

-Keith-
19th Apr 2009, 08:29
Would we be able to have the baby in the UK via the NHS or would we have to go prvate ?

If your GF is here on a visit visa then you will have to pay for private treatment, this could be via the NHS but you will have to pay. If she is here on a settlement visa (incl fiance) then free NHS treatment is available. However as Tobias has already said your GF can only get a settlement visa by applying in Bangkok.

Jim
19th Apr 2009, 09:56
Tobias - should have referred to the UKBA (Border Agency). Their guidelines state (in the section re VV extensions and stating you cannot extend the VV over the six month limit) but adds -
In some circumstances you may apply to be able to transfer to a different category of visa' the blurb then goes on to include moving to a fiance visa as being included within this as long as the person is still in the UK. This is where it also states that to obtain a finace visa within this clause you must firts obtain a Certificate of Approval for the marriage.
Anyway, Keith has clarified that even if we get the FV we will still have to pay for care provately. So at least we now know where we stand - it basically comes down to paying here or paying over there, so I'll start doing some sums...

-Keith-
19th Apr 2009, 10:15
Anyway, Keith has clarified that even if we get the FV we will still have to pay for care provately.

Read again :crazy:

Jim,

Your GF WILL have to return to Bangkok to apply for a settlement visa - PERIOD.

galahad
19th Apr 2009, 12:06
Jim,
The ability to marry in the Uk on a Tourist visa was 'outlawed' a few years ago.
AFAIK COA,s are only given if the applicant was/is on a student visa(before getting involved with a native etc)..and even then I,m pretty sure that a return is needed to apply for the appropriate visas.
I know its a pain..but just accept it as it is...why complicate it.?
Good luck if you think you can beat the system ;)

John
19th Apr 2009, 12:11
The ability to marry in the Uk on a Tourist visa was 'outlawed' a few years ago.

Not so. It is necessary to get a CoA ... Certificate of Approval to Marry .... but many holders of visitors visas now get issued with those.

However even if the holder of the visitor visa does get a CoA, and then get married in the UK, they still need to go back to their home country to apply for their spouse visa.

The cost of applying for a CoA is now ..... £0 !

galahad
19th Apr 2009, 12:24
I stand corrected John;nevertheless his wife will still have to return to Thailand to get the appropriate visa,which,Jim thinks or so it appears, that they can circumvent.

Jim
20th Apr 2009, 16:27
I am not trying to circumvent anything. I am merely stating what it says in the UKBA's own guidelines and they clearly state that we can apply for another type of visa under certain circumstances whilst remaining in the UK - and moving to a fiance visa is one such circumstance. If the UKBA applied policy is different to their published guidelines then I'll bow to experience, but I don't think I'm seeing/hearing that. I think I will seek clarification from the UKBA themselves - it'll be interesting to see what they say.

John
21st Apr 2009, 01:49
Jim, it is impossible to get a fiancé(e) visa in the UK. They are only ever issued outside the UK.

Do not confuse the issuance of a CoA with a visa. It is not a visa; it merely permits a person to get married in the UK.

A no-switching rule was introduced as long ago as 01.04.03, stopping visitor visas being switched to spouse visas in the UK. Yes it is possible to make an outside-the-rules application but two points to make :-


such applications take ages to be decided, and there is no guarantee of success they only tend to be successful in exceptional circumstances, where it is truly impossible for the person to return to their country to make the spouse visa application. So yes, if someone is from a small volcanic island state, and the volcano is currently erupting, such an application might be successful. But for most ... no!

Being just 3 months pregnant is not a reason to stop travel to Thailand and back!

duster
21st Apr 2009, 09:02
I am no expert, but wherever the baby is born I bet its mother is close by.

Jim
21st Apr 2009, 09:53
Been in touch with UKBA today and you're correct - we cannot swith from a VV to a FV. They do allow switches but only in exceptional categories e.g. from a VV to one on medical grounds. I quoted the sections in their guidelines that I had been reading and the extremely helpful lady from UKBA agreed thosesections can be misinterpreted and she said she'd raise the matter internally and seek to get them made less ambiguous. What she said we can do is apply for a CoA and then simply get married here and apply for a spouse visa directly but she did not recommend that route as we'd then be breaking the terms of the VV and so may jeapordise the full apllication.
So, Daw is going to have ot go back and apply for a fiance visa and try ang get that whilst she is fit to travel.
Thanks one and all for your help ...

Merseymike
21st Apr 2009, 17:48
Hey, cha-cha noi!

Pregnancy is not, per se, a medical condition but, rather, a biological one. All things being equal, it doesn't really matter whether your fiancée gives birth in the UK or Thailand: it is likely that the child will be both British and Thai anyway.